Posts Tagged ‘rights’

Another Thoughtcrime Victory! Manga Porn = 15 years

Wednesday, June 3rd, 2009

Just when you thought it was safe to possess a pen and paper, we hear about the disturbing case of Manga1 collector Christopher Handley’s prosecution and guilty plea (disappointing the Comic Book Legal Defense Fund) for violating the 2003 Protect Act, which outlaws cartoons, drawings, sculptures or paintings depicting minors engaging in sexually explicit conduct, and which lack “serious literary, artistic, political, or scientific value.” The maximum sentence is 15 years. It’s likely that Handley pled that down significantly.2 What did he possess to get him in so much trouble? Depictions of cartoon children being sexually abused.3

Some call him sick for collecting such things. Some feel he should be locked up. They feel that sick things should be prohibited. What is this really a case about? Sexuality? Pedophilia? Puritanism? Regardless, there has been an uproar in the comic book community, and the point I made last December is being reiterated.4 My “underage” stick-figure sex depiction (daring someone to prosecute me) has been, in a variety of ways, repeated.5

Where’s the victim? The ink? The paper? Are the prosecutors the type of people who believe that fictional characters have feelings or rights? And why isn’t everyone who has a copy of Nabokov’s Lolita (in book or movie form, or, heck, is there a graphic novel?) currently being prosecuted? Heck, why isn’t the government clamping down on Amazon and Barnes & Noble for selling both artistic and literary depictions of underage sex, rape, and torture? If you think it doesn’t exist, if you think it’s not purchasable by the general public, perhaps you’re the myopic kind of person who would cheer to see Handley thrown in jail while you simultaneously forgive the Catholic Church for harboring men who actually stuck their penises in the mouths and anuses of the innocent boys in their care.

Was that statement too obscene for you? Funny, because it really happened to real children by real priests (and lots of other people who don’t even know what Manga is). Why on earth would a man like Handley, who merely possessed drawings of things you don’t like, be subjected to more years in prison than the men who perform the acts you cannot bear to read upon REAL CHILDREN? That, not Handley, is what is disgusting in this society and world. Perhaps if Handley suddenly found Jesus he would be treated with real justice in a nation that touts its freedom of thought while failing to practice what it preaches.

Worth reading is the BoingBoing post about Handley’s unfortunate situation. Also some of the comments are right on target, and I’m going to quote a few of my favorites right here:

-verde-

Thought Police at the door sir:

-Have you ever in your head pictured an infant being raped?

-No.

-Not even now that we brought up the subject?

-Well, mmm I guess so.

-Could you come with us?

-spazzm-

And who exactly decides what is artistic or immoral?

Erotica is artistic, porn is immoral, smut is illegal.
Erotica is what excites me, porn is what excites you, smut is what excites them.

-anonymous-

One of the questions I have is why the assumption is that such content serves the sole purpose of titillation or arousal for the reader. Yes, its principle intent may be that, but that doesn’t necessarily mean the reader views it that way. I have books of Toshio Saeki’s work that I have brought back from Europe in the last ten years (and not without concern they would be confiscated at customs or worse). His work is *extremely* difficult to look at, and often incorporates children in sexual situations with adults. I do not find this at all arousing, and in fact, I find it shocking and disturbing. But I find his work incredibly beautiful, challenging and it inspires me to ask questions of myself as I look at it. So, where is that part of it? We must be allowed to examine the work of others that we ourselves may not agree with or even like…And I don’t want to live in a world where we’re not allowed to express even the darkest parts of our psyche…which no one is above. Some just keep it to themselves better than others.

Spare the whole “it inspires others to act”. Pete Townsend has a quote about that.

Then there’s that whole problem of suppressing thoughts and artistic expression. You know. That kinda poses ongoing problems. Telling people what they can / can’t think / express / consider doesn’t really work so great.

And, I highly agree with what was said earlier about cultural misunderstandings related to the taboo depiction of pubic hair making these characters appear to be children.

This is tragic. Very scary, very sad that he pled guilty without proper counsel. (I’m a mid-30’s white female, btw).

-anonymous-

Wow. I guess I better get ready for prison. I drew a picture of myself having sex with a cartoon girl (…after cutting her cartoon head off). By this standard, I’m guilty of sex crimes against children. I didn’t even get to “play doctor” as a kid. :(

If we really wanted to protect children, the US Catholic Church should be (temporarily) shut down and have all the clergy FBI checked and registered (fingerprints and DNA, you pervy bastards). Let’s start with the real criminals. Remember the psychologist in Happiness who was a pedophile? He jerked himself off to a male teen magazine in the back of his car (one of my all-time favorite cringe comedy moments). Those are the PEOPLE you should be worried about having pictures fuel their desire. It won’t be the loli.

I am a victim of child sexual abuse in two ways. I was abused as a teen, and my first attempt at intercourse was destroyed by my adult partner’s sobs of physical and psychological pain. She had been raped as a young girl. I carried that crushing guilt with me for several years after that.

Show me comics/drawings of someone’s fantasy/nightmare of raping and killing children, I may enjoy it. I may abhor it. I might fantasize about killing the person who made it. I might masturbate to it and cry afterward. In the privacy of my home and in my mind, I should be able to do anything I want with it.

Should I go to jail for thoughts?

In the meantime, I’m going to be renaming all of my folders “midget porn.”

-Redsquares-

In other news, millions arrested for owning copies of Gauguin’s works and early sketches.

I’d hate to see what happens to Scheile collectors.

God dammit, under this sort of law, my paper on Bellmer I wrote for art history is enough to throw most of that class in jail. Dude drew bisected nude girls, in a clearly sexualized nature. Damn good drawings, aesthetically and technically: well done, good composition, and were done to fuck with the Nazis to boot, but still… what does that prove?

It’s obvious you are a sick fuck, no matter what the hell you do. Someone, somewhere, is against it for the pure purpose of being against it, the only question is: can they convince others to be against it too?

-blueelm-

What a strange situation. It was my understanding that the posession of photographic child pornography was illegal because it encouraged the assault and mistreatment of the children in the picture. In other words it is documentation of abuse.

It is a strange and tough argument about manga and I don’t know exactly how I feel, but while our children are fetishised to a large degree in the US there is a distinction between a predatory pedophile, your nasty uncle, and people who collect drawings of little girls being split in half by squid with hardware. I’m not sure that the latter influences the former, as the person molesting one’s child is more likely to be a good friend or spouse than a sexually-frustrated comic collector.

I think the Gacey clown of pain model sticks in people’s heads, but remember that he actually interacted with kids… not drawings of them. Secondly while we may be stigmatizing our kids by putting them in beauty pageants and American Apparel ads, the objective of some one who compulsively rapes small children is not to worship the adult-like beauty of a little girl but rather to have sex with her because it fufuls a compulsive need. As far as sympathy for them, I’m not sure about these teach-a-lesson type laws, but I see no problem with confining a serious enough offender from the rest of society, but some one with some drawings? Really?

By the same token it makes me sad that there is probably some one who has actually raped a little girl who will serve less jailtime than this guy will for having some troubling drawings. As far as the drawings, as an artist, I can’t help but think that these things must be tolerated.

Okay, that’s enough for now. Check out the BoingBoing comment thread and KOS for a lot more on both sides of the issue.

If you have some extra money, donate it to CBLDF. If you know someone who is about to get in trouble for possessing cartoons (or a book, etc.), refer the person to CBLDF and the ACLU.

  1. “Comics and print cartoons (sometimes also called komikku コミック), in the Japanese language and conforming to the style developed in Japan in the late 20th century.” http://en.wikipedia.org/wiki/Manga [<]
  2. Here’s a link via Wired of his actual plea agreement. I think he screwed himself. [<]
  3. I’m sure that statement will get some unwanted Google hits to my blog. [<]
  4. If you missed it, the argument was about Lisa Simpson, the cartoon character, being depicted in sexual situations, and a law in Australia was being applied. My earlier article also referred to the U.S. Protect Act and related laws that have arisen in the Handley case. [<]
  5. No, I’m not taking credit for it, but I did post it in December, damnit! [<]

The DC Civil War Has Begun

Friday, May 22nd, 2009

As predicted by Marion Barry, the first volley of attacks has occurred in the DC battle over gay marriage.

The attack comes in the form of a bill with 30 initial co-sponsors, notably including Rep. Jim Jordan (R-Ohio) and Dan Boren (D-Okla.), that directly opposes the DC Council decision earlier this month to recognize same-sex marriages legally performed in other jurisdictions. The “DC Defense of Marriage Act” states that for all legal purposes, “marriage” means the union of one man and one woman. If it passes, it will undo the DC Council’s decision as well as preempt any DC marriage equality bill.

Conservative opponents of gay marriage in the District continue to claim that the majority of DC residents oppose gay marriage. Religious and other leaders plan to petition the Council for a citywide referendum. Again, the suggestion is made that a black-majority, traditionally made up of notably religious Democrats, opposes gay marriage and any attempt to recognize same-sex marriage from other jurisdictions. Until the referendum shows otherwise, that appears to be the type of hype and speculation that keeps naysayers like Bishop Harry Jackson of Lanham’s Hope Christian Church in the media spotlight.

Not only is this a gay rights battle, but it is also an example of the states rights conflict that sets DC apart from every other jurisdiction because, despite having a council, it lacks its own legislative representation. In other words, regardless of a decision made by DC local rules, the federal Congress can intrude with its own agenda.

Put succinctly by Jeffrey Richardson, president of the Gertrude Stein Democratic Club, a group that represents gay residents of the District:

The disappointing thing is that here we are fighting to govern and pass our own laws in the District of Columbia, and Bishop Jackson chooses to run to Capitol Hill to stand with congressmen to impose their will upon the residents of the District of Columbia.1

Of course, none of this will matter if Mr. Broun of Georgia, and company, get their way… (yes, unlikely in this Democrat-heavy Congress, but why again are we paying the salaries of people who waste time trying to pass such amendments when the economy is still tanking, people are still dying in distant and pointless wars, and so many other problems in this nation exist?)

May 7, 2009… Mr. BROUN of Georgia (for himself, Mr. CANTOR, Mr. NEUGEBAUER, Mr. TAYLOR, Mr. WESTMORELAND, Mr. JORDAN of Ohio, Mr. BURTON of Indiana, Mr. ALEXANDER, Mr. SOUDER, Mr. MCHENRY, Mr. FLEMING, Mr. PITTS, Mrs. BLACKBURN, Mr. MARCHANT, Mr. MCKEON, Mr. GINGREY of Georgia, Ms. FALLIN, Mr. HUNTER, Mr. PENCE, Mr. SCALISE, Mr. SHUSTER, Mr. WHITFIELD, Mr. TIAHRT, and Mr. ROGERS of Alabama) introduced the following joint resolution; which was referred to the Committee on the Judiciary

JOINT RESOLUTION

Proposing an amendment to the Constitution of the United States relating to marriage .

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:

`Article–

`Section 1. This article may be cited as the `Marriage Protection Amendment’.

`Section 2. Marriage in the United States shall consist only of the union of a man and a woman. Neither this Constitution, nor the constitution of any State, shall be construed to require that marriage or the legal incidents thereof be conferred upon any union other than the union of a man and a woman.’.

  1. The Washington Post [<]

Outing: Is sex off limits?

Thursday, May 14th, 2009

Recently, a Washington DC news anchor, Doug McKelway, while hosting a local interest news program called Let’s Talk Live, interviewed Mike Rogers about outing hypocritical politicians. The movie is Outrage1 and Mike Rogers can be found at BlogActive.com. The interview made McKelway rather hot and bothered because he told Rogers that he would like to punch him in the face (more or less).

What exactly is the outrage here? Many, of which Mike Rogers is one, have dedicated themselves to unearthing the hypocrisy of politicians at any level who engage in homosexual behavior yet routinely vote against gay rights issues. Is outing the sexual behavior of a hypocritical public official the right thing to do?

I think that each of us has a right to our private lives. Sex is just one facet of things that should be private. If we don’t need to know the intimate conversations you have about politics or money, why do we need to know the intimate conversations regarding your sexual activity? Of course, if the activities in which you engage are illegal, then those activities become a matter of public record. The intimacy is over because the right to privacy ends.

However, any action that you take as a public official that is counter to the actions you take in your private life is a real problem. If you are Eliot Spitzer (former New York Governor, New York Attorney General, Manhattan District Attorney) and you prosecute prostitutes all the while secretly engaging the services of prostitutes in multiple jurisdictions, you are not only hypocritical but you are violating the law. You cannot be trusted. Eliot was outed, sexually speaking, but Eliot is not gay.

During the interview, McKelway asks Rogers about the outings of certain public officials like Larry Craig, who was infamously arrested in the bathroom of a Minneapolis airport while attempting to obtain sex from the person in the adjacent stall. Larry Craig, apparently, has also voted against gay rights issues on multiple occasions. Rogers also mentions Florida Governor Charlie Christ, who recently announced he will run in the US Senate race in 2010. While Larry Craig’s issues are rather obvious, Charlie Christ’s issues are not. Although rumors have spread for years about both gentlemen, Christ has yet to have anyone provide proof publicly of his non-heterosexual behavior. (I don’t follow the news stories on Christ, so I am more than willing to be corrected on the facts.)

If a public official, particularly one that holds an elected position, is engaging in personal behavior that is contradictory to his/her publicly stated positions or to his/her public actions (such as a voting record), then I think that the personal behavior should be known. If Larry Craig were to dress up in women’s clothing and hang out in gay bars in order to bag a guy at a DC hotel, I really don’t care. However, if Larry Craig takes a consistent public stance against people who otherwise engage in the same behavior he does, and he echoes that stance with a voting record to match, I think Larry Craig should be outed. I don’t mean to beat up on Larry Craig, poor guy, but he’s the most recent posterchild for hypocritical sexual activity.

The question becomes this: Why is sex off limits to outing? We often out people for financial misdeeds, such as Sam Donaldson for being against farm subsidies yet consistently accepting federal subsidies for his goat ranch (or whatever) in New Mexico. That is just one example of a hypocrisy uncovered, and that was a hypocrisy committed by a private individual functioning in a public capacity (news reporting), who also reports on the hypocrises of other public figures. 

Did the message about our sexual lives being private become overdone? I don’t care what anyone does in their private lives, but if I am going to vote for you, or if you are appointed by someone else to act on my behalf, then your personal behavior better withstand the public scrutinty of a position you hold publicly. If you consistently think gays shouldn’t marry or adopt children or even be allowed to work anywhere, and you are consistently engaging in homosexual behavior, watch out! I am the public and I think I have the right to know.

Doug McKelway needs to get off the horse he’s riding because it’s way too high.

  1. IMDb: Outrage [<]

Supreme Court Review 20090421

Tuesday, April 21st, 2009

All 50 states have laws banning animal cruelty and dogfighting. In 1999, the federal government passed a controversial law banning the sale of images of animal cruelty, such as video of dogfighting or “crush” videos depicting women crushing to death small animals. The law acts as an exception to the free speech protections of the First Amendment. Although a federal appeals court in Philadelphia indicated that preventing animal cruelty is a worthy goal, the court held that banning the sale of videos showing animal cruelty illegally restricts speech, in violation of the First Amendment. The case is U.S. v. Stevens (08-769). For more information, see Supreme Court to consider whether ban on pit bull videos violates free-speech rights.

The Supreme Court declined to review a challenge to the constitutionality of a jury verdict in a death penalty case. The jury had consulted a Bible during deliberations to help decide on a sentence. The case was Oliver v. Quarterman (08-833). More information about this and other cases regarding a jury’s use of a bible can be found at the following links: Ninth Circuit OKs jury’s use of the Bible in death penalty deliberations; Jurors consulting the Bible; Supreme Court won’t disturb death sentence in case of Texas jurors who had Bible with them.

Also see the Supreme Court Blog for more details about those and other cases.

[Ed's Note: I'll be doing regular Supreme Court Review posts, but they'll be limited to the topics that interest me (which are generally those regarding free speech, privacy rights, religion, etc.). I'll also be on the lookout for prominent federal and state cases.]

Andrew Sullivan Still Doesn’t Get It

Thursday, April 9th, 2009

I politely jeered at Andrew Sullivan in my last article for not going “straight” on religion. However, I revel in his attacks on his conservative brethren, because Andrew has the ability to be unforgiving. In this case, the target of his indignation hits close to home: gays. Andrew correctly states that conservatives of the NRO are saying that “homosexuals can go to hell”. Too bad Andrew fell short again.

But, here we are in front of the same issue as before. Is this really a cultural issue? Maybe. Everything that goes on in our society is in some way, culture. Culture comes from cultivate or to grow. Anything cultural stems from whatever growth we experience as a society. For to grow as a society, we must grow as a culture.

In his article, Andrew correctly identifies the stereotypical, culturally conservative position that is magnified in the NRO’s editorial as not giving a damn about homosexuals. They definitely don’t. However, again, Andrew misses the point. No wonder Andrew doesn’t accept comments on his blog.

The NRO editorial exemplifies the impact of religious culture in our society, even though the NRO never mentions the word religion. There is no reason to deny homosexuals any number of rights, privileges or recognitions in our society, and there never has been except for religion. Oh, the NRO mentions “social institution” and “public policy” as the reasons to deny homosexuals the right of marriage, but the NRO is intellectually bankrupt because the same arguments were used to keep blacks in slavery. You see, the only basis for denying homosexual marriage is religion. If the abrahamic faiths didn’t exist, very likely neither would mores against homosexuals and homosexual acts. Anti-homosexual positions may exist in non-abrahamic faiths, but Judaism, Christianity and Islam have done, by far, the most damage to homosexuals, among others, by sheer size and clout.

I must shout to Andrew over and above the din of mad clicking activity that happens at his blog to make him aware that while I agree with his view of the NRO editorial, he is yet again falling short on the real subject: religion has caused the anti-homosexual social practices, attitudes and laws that he is fighting against. Andrew can’t see the forest for the trees.

When will Andrew Sullivan give up on his religion and recognize it for the shortfall it has created in his life and others?

Update: Andrew, Andrew, Andrew … Deal With It, Maggie? Here it is, “But I can note that as one of the first and longest campaigners for marriage equality, my own commitment to religious freedom in America is as ferocious and as impassioned as any Christianist’s”. Andrew, you want religious freedom but you fail to understand that your desire to have religious freedom means that nobody gets any freedom from any of it. Christianity, above all faiths (just barely), requires proselytization, which means you must submit to my will. Do you get it yet?